Right to Health (Article 16) 60. Article 16 of the African Charter states: “(1). Every individual shall have the right to enjoy the best attainable state of physical and mental health. (2) States Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick” 61. The right to health is an inclusive right that encompasses both health care and the underlying determinants of health. The right to health does not mean the right to be healthy. 62. The right to health care requires an effective and integrated health system which is responsive to national and local priorities, and accessible to all. 63. The determinants of health include access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions. 64. The right to health includes effective access to health-related education and information, including on sexual and reproductive health. It also includes freedoms such as control over one’s own body and health, including sexual and reproductive freedom. 65. The individual has the right to be free from unwarranted interference, including nonconsensual medical treatment, experimentation, forced sterilisation and inhuman and degrading treatment. 66. The right of the individual to best attainable state of physical and mental health includes the following State obligations to: Minimum Core Obligations 67. The minimum core obligations of the right to health include at least the following: a. Ensure the right of access to health facilities, goods and services on a non-discriminatory basis, especially for vulnerable or marginalised groups; b. Ensure the provision of essential drugs to all those who need them, as periodically defined under the WHO Action Programme on Essential Drugs, and particularly anti-retroviral drugs; c. Ensure universal immunisation against major infectious diseases; d. Take measures to prevent, treat and control epidemic and endemic diseases; e. Provide education and access to information concerning the main health problems in the community, including methods of preventing and controlling them. National Plans, Policies and Systems f. 24 Adopt and implement a comprehensive national public health strategy and plan of action. This plan should include special attention to basic and